maybe at no point does it become justiciable
like the making of a foreign treaty - it's just not a matter for the court - it falls on the wrong side of the separation of powers, it's "just" a political outrage, to which the solutions are political not legal - though I agree that is not a completely comfortable position.
Once the exercise of the right becomes justiciable, wouldn't the court face with huge number of incredibly difficult (and to a court, inappropriate) questions, without having any real legal bearings - what is a proper purpose for example?
Posted By: paulg on September 12th 2019 at 15:28:44
Message Thread
- McCLoskey LJ ... NI pronounces ... (General Chat) - paulg, Sep 12, 13:04:24
- this bit seems to be the nub of the issue: (General Chat) - CWC, Sep 12, 14:07:17
- I'm not sure that would make any difference (General Chat) - paulg, Sep 12, 14:36:04
- but that's where they seem to be neatly ducking a question (General Chat) - CWC, Sep 12, 15:10:38
- maybe at no point does it become justiciable (General Chat) - paulg, Sep 12, 15:28:44
- but that's where they seem to be neatly ducking a question (General Chat) - CWC, Sep 12, 15:10:38
- I'm not sure that would make any difference (General Chat) - paulg, Sep 12, 14:36:04
- this bit seems to be the nub of the issue: (General Chat) - CWC, Sep 12, 14:07:17
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